On Friday, July 16, 2021 a Federal Court in Texas issued a ruling that partially closed the DACA program.
What does this mean?
-Current DACA recipients continue to keep their DACA protection and work permit. Nothing has changed with already approved DACA cases
-DACA renewals continue
-First-time DACA applications are on hold with USCIS
-No new first time DACA applications will be approved at this time. The Texas decision has blocked USCIS from approving new DACA cases. This means those who have submitted an initial request (those that never had DACA before)
-Unfortunately, USCIS treats requests filed a year or more after the expiration as initial DACA requests and is currently prevented from approving them
-USCIS may accept initial DACA applications but will not issue any decisions on them.
-It is unclear at this point whether there is any benefit to requesting DACA for the first time now and having an application pending.
-Requests for Advance Parole continue
More DACA Resources:
General Immigration Updates
The Biden administration has canceled the Trump version of the public charge rule as of March 2021. This means applicants will no longer have to be concerned about certain public benefits preventing them from getting their green cards.
Receiving free testing of Covid-19 will NOT make you a public charge. If it is medically advisable for you to be tested for Coronavirus, free testing will not impact your immigration case.
Similarly, receiving a government stimulus check as a result of the CARES Act will not make you a public charge.
If you are unsure of how your immigration status could be affected by using public benefits, make an appointment for a consultation or check out what benefits impact immigration here.
Know Your Rights
Everyone who lives in the U.S. is given certain rights, like the rights to freedom of speech and freedom to practice your religion. These rights apply to everyone, regardless of their immigration status. These guidelines from the Immigrant Legal Rights Council provide practical steps for what to do if you or someone you know has an encounter with agents from ICE (Immigration and Customs Enforcement). We recommend that you print this document and keep it with you to reference if necessary.
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